Federal Aviation Administration, DOT

Section 17.17

(i) The protester has alleged a substantial case;
(ii) The lack of a suspension would be
likely to cause irreparable injury;
(iii) The relative hardships on the
parties favor a suspension; and
(iv) That a suspension is in the public
interest.
(3) Failure of a protester to provide
information or documents in support of
a requested suspension or failure to address the elements of paragraph (d)(2)
of this section may result in the summary rejection of the request for suspension, or a requirement that the protester supplement its request prior to
the scheduling of a Product Team response to the request under Section 17.17(a).
(e) Concurrent with the filing of a
protest with the ODRA, the protester
shall serve a copy of the protest on the
CO and any other official designated in
the SIR for receipt of protests, by
means reasonably calculated to be received by the CO on the same day as it
is to be received by the ODRA. The protest shall include a signed statement
from the protester, certifying to the
ODRA the manner of service, date, and
time when a copy of the protest was
served on the CO and other designated
official(s).
(f) Upon receipt of the protest, the
CO shall notify the awardee of a challenged contract award in writing of the
existence of the protest. The awardee
and/or interested parties shall notify
the ODRA in writing, of their interest
in participating in the protest as intervenors within two (2) business days of
receipt of the CO-s notification, and
shall, in such notice, designate a person as the point of contact for the
ODRA.
(g) The ODRA has discretion to designate the parties who shall participate
in the protest as intervenors. In protests of awarded contracts, only the
awardee may participate as an intervenor as a matter of right.

spaschal on DSK3GDR082PROD with CFR

[76 FR 55221, Sept. 7, 2011, as amended by
Doc. No. FAA-2017-0075, 82 FR 14429, Mar. 21,
2017]

Section 17.17 Initial protest procedures.
(a) If, as part of its initial protest filing, the protester requests a suspension
of procurement activities or contractor
performance in whole or in part, in ac-

cordance with Section 17.15(d), the Product
Team shall submit a response to the request to the ODRA by no later than the
close of business on the date of the initial scheduling conference or on such
other date as is established by the
ODRA. Copies of the response shall be
furnished to the protester and any intervenor(s) so as to be received within
the same timeframe. The protester and
any intervenor(s) shall have the opportunity of providing additional comments on the response within two (2)
business days of receiving it. Based on
its review of such submissions, the
ODRA, in its discretion, may - 
(1) Decline the suspension request; or
(2) Recommend such suspension to
the Administrator or the Administrator-s designee. The ODRA also may impose a temporary suspension of no
more than ten (10) business days, where
it is recommending that the Administrator impose a suspension.
(b) Within five (5) business days of
the filing of a protest, or as soon thereafter as practicable, the ODRA shall
convene an initial status conference for
purposes of:
(1) Reviewing the ODRA-s ADR and
adjudication procedures and establishing a preliminary schedule;
(2) Identifying legal or other preliminary or potentially dispositive issues
and answering the parties- questions
regarding the ODRA process;
(3) Dealing with issues related to protected information and the issuance of
any needed protective order;
(4) Encouraging the parties to consider using ADR;
(5) Appointing a DRO as a potential
ADR neutral to assist the parties in
considering ADR options and developing an ADR agreement; and
(6) For any other reason deemed appropriate by the DRO or by the ODRA.
(c) The Product Team and protester
will have five (5) business days from
the date of the initial status conference to decide whether they will attempt to use an ADR process in the
case. With the agreement of the ODRA,
ADR may be used concurrently with
the adjudication of a protest. See
Section 17.37(e).
(d) If the Product Team and protester
elect to use ADR proceedings to resolve
the protest, they will agree upon the

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